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(영문) 서울중앙지방법원 2018.02.02 2016가합515624
용역비
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 79,716,476 to the Plaintiff (Counterclaim Defendant) and the amount from July 3, 2015 to February 2, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company engaged in the sales agency business and sales advertising business, and the Defendant is a company engaged in the new construction and sales business of officetels, commercial buildings, etc.

B. On November 25, 2013, the original and the Defendant concluded a contract for vicarious sale of officetels and shopping districts constructed in Sejong Special Self-Governing City’s Cable block (hereinafter “instant shopping district”) (hereinafter “instant sales contract”).

The details of the instant contract related to the instant case among the sales agency contracts are as follows.

Article 3 (Scope of Services) The scope of services to be rendered by the plaintiff under the delegation of the defendant shall be as follows:

Article 4 (Contract Period and Commencement) of the sales agency of the instant commercial building D and the instant officetel E shall be the period from the commencement date to the full payment of the sales price of the contractor's sales price to the contractor's sales price. The sales agency of the instant commercial building D and the instant officetel E shall be the period from the commencement date of the sales contract to the time when the contractor's sales price is paid.

Article 7 (Service Fees for Selling in Lots) For the instant officetel E, 4 million won per head office (excluding value-added tax) shall be paid to the instant officetel D within 30 days from the date of achievement of the goal of 150 million won (excluding value-added tax) in addition to the sales fees agreed upon when at least 80% of the sales rate of officetels is achieved at least 80% of the sales price per head office (the method of payment of sales fees).

If the sale rate of an officetel is less than 70% within five months from the standards for the announcement of sale of officetels, the officetel fee prescribed in Article 7 shall be KRW 2 million per room (excluding value-added tax).

C. The plaintiff and the defendant are based on an officetel as agreed from December 2014 and December 1, 2014.

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